Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4 -- Divorced Muslim woman claiming maintenance u/s 125 Cr.P.C. - Claim of maintenance without following the due procedure as contemplated u/s 5 of the Muslim Women Act - Maintenance petition not maintainable - Impugned order of grant of maintenance quashed and..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Granted upto period of Iddat - Thereafter she moved an application under S.3 of the Act which was allowed by the trial Court but was dismissed by revisional Court - The order of revisional Court became final as the same was not challenged in the..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorced Muslim wife is entitled to claim maintenance u/s 125 Cr.P.C. - Maintenance cannot be granted to her u/s 3/4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 121, 121A, 122, 123, Arms Act, 1959, Section 25(1)(b), 25(1)(c), 27, 29 -- Bail - Appellants alleged to be carrying out terrorist activities for taking revenge of loss of lives and properties of Muslim community - Gravity of offence considered - Prima facie case made out against appellants -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage by a Muslim husband with sister of his wife when wife is alive and earlier marriage is still subsisting - Such marriage is irregular and not void - An irregular marriage continues to subsist till it is terminated in accordance with law and wife and children of such marriage are entitled to maintenance u/s..........
Muslim Law -- Void and irregular marriage - Distinction - Para 264 of Principles of Mahomedan Law by Mulla reads: (1) A marriage which is not valid may be either void or irregular; (2) A void marriage is one which is unlawful in itself the prohibition against the marriage being perpetual and absolute. Thus a marriage with a woman prohibited by reason of consanguity,..........
Muslim Law -- Void marriage - Effect - Para 267 of Principles of Mahomedan Law by Mulla reads: (1) An irregular marriage may be terminated by either party, either before or after consummation, by words showing an intention to separate, as where either party says to the other 'I have relinquished you' - An irregular marriage has no legal effect before consummation; (2) If..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 4 -- Divorced Muslim woman - Maintenance beyond period of Iddat - Dower and maintenance required during period of Iddat paid - In case of divorced Muslim woman husband is not liable for maintenance after period of Iddat - Order directing husband to pay maintenance..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(4), Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 125, 421 -- Husband directed to pay Rs.2.25 lakhs to wife u/s 3 of Muslim Women Act and to undergo one year RI in case of default - Husband undergoing default sentence of imprisonment - Held, this will not discharge the..........
Muslim Law -- Hibba (Gift) - Requirement of a valid Hibba - For a valid Hibba donor must declare that he gifted the property to donee but in a case where possession is already with the donee and both of them are living together there is no need to hand over the possession of the property to the donee - In such cases, some overt act in furtherance to Hibba is essential to..........
